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MENNIS v. COMMET 380, INC.

54 A.D.3d 641 (2008)

864 N.Y.S.2d 414

MARCOS MENNIS, Respondent, v. COMMET 380, INC., Respondent-Appellant, SOLOW MANAGEMENT CORP., Respondent, and TAG 380 LLC, Appellant-Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

September 25, 2008.

Plaintiff worker was injured in a fall from an affixed metal hatch ladder that led to the roof of the building Commet owned. TAG, Commet's long-term net lessee, had hired him to paint the support beams to the building's air conditioning cooling towers on the roof. Plaintiff's work supplies were stored in the room where the hatch ladder was located.

The argument by Commet and TAG that the affixed hatch ladder was not a safety...

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